New Unlawful Presence Memo: Impact on Students and Exchange Visitors - Recording (.MP3)
On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance that changes 20 years of agency policy regarding the accrual of unlawful presence for students (F-1), exchange visitors (J-1), and their dependent family members. Rather than deeming unlawful presence to start accruing the day an application or petition for immigration benefits is denied, the new guidance states that unlawful presence will accrue retroactive to the date USCIS determines a status violation took place. This change, coupled with the new USCIS Notice to Appear policy, and the new guidance expanding USCIS authority to deny immigration benefits requests without first issuing a request for evidence, could have devastating consequences for nonimmigrant students and exchange visitors. Join our expert panelists as they break down the new unlawful presence policy and offer strategies for advising and protecting clients in this unprecedented environment.
- The New USCIS Unlawful Presence Memorandum: What It Says and How It Compares to Prior Unlawful Presence Policy
- How the New Policy Could Impact Students, Exchange Visitors, and Their Dependent Family Members
- How Will USCIS Determine Whether a Status Violation Occurred?
- What Might and Might Not Be Deemed a Status Violation?
- Strategies for Avoiding Application/Petition Denials and Ensuing Unlawful Presence Bars